Ordinance Overhang 

The first session of the 13th National Parliament (Jatiya Sangsad) is set to commence on March 12, and the legislative agenda that awaits the newly elected government is unprecedented in scale. Law Minister Md. Asaduzzaman assured that all 133 Ordinances promulgated during the 559-day tenure of the interim government under Chief Adviser Dr. Yunus will be tabled on the very first day of the JS session.

The present BNP-led elected government under Prime Minister Tarique Rahman and the Jatiya Sangshad, formed through the February 12 national election, will now face many constitutional, legal and administrative consequences of an unconstitutional interim government ruled by Ordinances and many controversial decisions and decisions.  

The interim government, formed on August 8, 2024, in the wake of the July Uprising, left a remarkable legal consequences. In a span of less than 18 months, Ordinance were issued every 4.20 days on average-a tempo unparalleled in the nation's legal and parliamentary history. Of the 133 Ordinances, 92 were amendments to existing statutes, 38 were entirely new enactments and three served as Repeals. The pace intensified in the first month and a half of 2026, with 36 Ordinances issued in 45 days, averaging less than one and a half days per Ordinance, and culminating in six additional Ordinances on the penultimate day of the interim administration. Across 2025, 80 Ordinances were promulgated at an average interval of four and a half days, while the last months of 2024 witnessed 17 Ordinances at an average of nine days each. All these Ordinances were promulgated by the President, as desired by the interim government.

Among these measures were some of the most consequential in recent political memory including the International Crimes Tribunal Ordinance, the Referendum Ordinance, the Supreme Court Secretariat Ordinance, the Prevention and Remedy of Disappearances Ordinance, the Police Commission Ordinance, the Commercial Court Ordinance, the July Uprising (Protection and Determination of Liability) Ordinance, and the Personal Data Protection (Amendment) Ordinance. 

Several others sought to raise the age limit for entry into government service and restrict political activities of certain parties. Critics have argued that many Ordinances were promulgated like Martial Law Ordinances in haste, lacked genuine necessity, or were designed to protect the interests of the Chief Adviser and few Advisers. Questions abound as to which of these measures were truly urgent and which reflected political expediency.

Article 93 of the Constitution grants the President authority to promulgate Ordinances when Parliament is dissolved or not in session. Yet constitutional scholars caution that this power is circumscribed. Senior lawyer Shahdeen Malik highlights three core limitations- the President cannot issue laws beyond Parliament's competence, cannot amend or repeal any constitutional provision via Ordinance, and cannot maintain the validity of an earlier ordinance through a new one. Sub article (2) further stipulates that Ordinances not converted into law within 30 days of the first parliamentary session will automatically lapse, rendering all unratified measures legally defunct.

For the incoming government, the scale of the legislative task is formidable. To convert all 133 ordinances into law within the statutory period, an average of four and a half Ordinances would need to be enacted per sitting day. 

Cabinet Division officials have confirmed that ministries and departments have been tasked with evaluating which Ordinances merit conversion, after which drafts will be finalised and submitted to the Prime Minister. Amendments will reflect the current government's reform priorities and electoral manifesto, with initial focus expected on Ordinances connected to the annual financial statement and budget procedures.

Yet the political context complicates matters. The BNP has expressed reservations over several sensitive Ordinances, including those establishing the Constitutional Reform Council, the Referendum Ordinance, raising the government service age limit, and prohibiting political activity of parties. Legal experts particularly highlight the impunity conferred under the July Uprising Ordinance, which protects participants from civil and criminal liability. Home Minister Salahuddin Ahmed has acknowledged the government's intention to provide a legal basis for this Ordinance, citing the deaths of 1,400 people and widespread injuries during the July Uprising. He, however clarified that the government will discuss and debate on the Ordinances before those are made laws. Nonetheless, the Ordinance remains constitutionally contentious, and legal scholars stress that even if ratified, it could face rigorous judicial scrutiny.

Historical precedents lend perspective. In 2010, the High Court declared 595 Ordinances issued during the presidency of Hussain Muhammad Ershad invalid, although completed acts were retrospectively legitimised to avoid administrative vacuums.

 Similarly, the caretaker government of 2007 to 2009 issued 122 Ordinances, of which only 54 were ultimately converted into law following parliamentary review and scrutiny. Experts contend that Ordinances conflicting with constitutional mandates or lacking substantive necessity are unlikely to survive contemporary scrutiny.

Transparency International Bangladesh (TIB) Executive Director Dr. Iftekharuzzaman observed that apart from a few exceptions, such as judicial separation and NGO regulation, most Ordinances succumbed to bureaucratic and political influence, undermining the intended reform agenda. Crucial issues such as press freedom, media rights, teacher resignations, mob violence, and economic challenges remain unaddressed in the Ordinance framework.

Veteran political leader and former Communist Party president Muzahidul Islam Selim described these Ordinances as "Decrees" imposed by coercion, asserting that such measures cannot substitute for democratic processes. He emphasised that their principal aim was to secure indemnity and avert accountability, which is genuinely questionable and place-worthy before the court.

As the 13th Parliament convenes, the government faces the dual imperatives of constitutional fidelity and political prudence.

 Each Ordinance will undergo meticulous scrutiny, balancing legality, public interest, and governance priorities. Decisions taken in the coming weeks will not only determine which Ordinances are converted into law but will also define the legitimacy of actions undertaken under the expired unconstitutional executive instruments. The JS session promises a critical test of parliamentary diligence and the evolving interplay between executive expedience and constitutional propriety in Bangladesh's democratic landscape.